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Marijuana Legalization in Uruguay and Beyond Executive Summary Marijuana Legalization in Uruguay and Beyond Executive Summary María Fernanda Boidi, Insights Research Group José Miguel Cruz, Latin American and Caribbean Center, FIU Rosario Queirolo, Universidad Católica del Uruguay Emily Bello-Pardo, Latin American and Caribbean Center, FIU In 2013, Uruguay became the first country in the world to regulate the possession, growth, and distribution of cannabis. The initiative of marijuana regulation by President José Mujica, was passed by the Uruguayan Congress and signed into Law19172 by the president in December 20, 2013. The regulation of marijuana, however, has been met with important challenges. According to the AmericasBarometer 2014, over sixty percent of Uruguayan citizens have expressed disagreement with the law. Additionally, leaders within the International Narcotics Control Board have expressed opposition to legalization, characterizing the new law as being in direct defiance of the international drug control treaties. As a result, Uruguay faces both domestic and international opposition in pursuing its innovative marijuana regulation model. This report summarizes the preliminary results from the first systematic research project conducted on the process of marijuana regulation in Uruguay. It revolves around two surveys. First, a Respondent-Driven Sample survey conducted with marijuana consumers in the metropolitan area of Montevideo; and second, the 2014 AmericasBarometer survey in Uruguay conducted by the Latin American Public Opinion Project. The research has been conducted by the Latin American Marijuana Research Initiative (LAMRI), formed by the Latin American and Caribbean Center (LACC) at Florida International University and the Universidad Católica del Uruguay (UCU), with funds from the Open Society Foundations. I. The Legal Framework Law 19172 provides three ways to legally obtain cannabis in Uruguay. The first alternative is autocultivo, which allows individuals to grow up to six marijuana plants per household and yield an annual crop of 480 grams per year, or 40 grams per month. All individuals must register with the IRCCA (Instituto de Regulacion y Control del Cannabis) to grow these plants in their homes and no person may register more than one location for domestic growth. The second alternative is the Cannabis Club, which allows between 15 to 45 members of a duly-registered civil association to farm up to 99 marijuana plants in 2 specific locations. Each club may not supply any individual with more than 480 grams of marijuana per year. The third alternative is sale through pharmacies. This has proven to be the most controversial and difficult regulation to implement. This alternative will allow a registered consumer to buy up to 40 grams of marijuana per month and 480 per year in person from pharmacies that are registered with the IRCCA and the Ministry of Public Health. The cannabis sold in pharmacies will be produced by a select number of private companies that obtain IRCCA approval, a process that is, to date, still under implementation. As the first country in the world that has regulated the production, consumption, and sale of cannabis, Uruguay is technically in direct violation of the three main treaties that comprise the international drug control regime (IDCR). This has led to tensions in several international instances, particularly the International Narcotics Control Board. However, Uruguayan representatives have called for an “open and honest debate on the UN drug control system” in which the new Uruguayan framework could present a challenge. Moreover, the country will still abide by all its international agreements with regards to the control of other illicit substances, as mandated by the IDCR. As of early 2015, the marijuana law has only been partially implemented. While the registry for autocultivo and Cannabis Clubs is open, the process by which the government is selecting growers to implement the sale through pharmacies has been slow to yield results. Although the full implementation of cannabis sales in pharmacies was scheduled to begin in the first months of 2015, the companies have not even started the process of growing the first crop of marijuana for sale. Additionally, there have been some questions about whether the government may make it compulsory for pharmacies to sell marijuana, especially with the March 2015 government transition looming and the potential shift of priorities in the Tabaré Vázquez administration. II. Attitudes toward Marijuana Despite the seemingly smooth process of passing the law regulating marijuana in Uruguay, more than half of citizens were against the policy of marijuana regulation. According to the results of the 2014 AmericasBarometer survey in Uruguay, only 34% of Uruguayans approved the new regulations regarding the liberalization of marijuana use, while 60.7% showed their disapproval to the new policies. These attitudes are in marked contrast to the opinions found among U.S. citizens, who according to the 2014 AmericasBarometer results, exhibited far more positive attitudes to the regulation of marijuana use than Uruguayans. In fact, in the U.S., more than half of the population at the national level showed support for legalizing marijuana use, with widespread support for marijuana legalization among youth and those with a college or advanced degree. In Uruguay, support for marijuana regulation seems to be related to a number of factors that range from demographics to the citizens’ political and ideological stances. A series of regression analyses conducted on the results of the 2014 AmericasBarometer show that approval for the new regulation of cannabis is closely related to higher education, previous personal experimentation with marijuana and a history of marijuana consumption among relatives and close friends. Other related variables include heightened perceptions of insecurity and perceptions of personal economic distress. Yet, the most important factors that seem to predict positive attitudes toward marijuana regulation are political. As shown in Figure 2, approval for cannabis regulation is widespread among President Mujica’s supporters and among people 1 who position themselves in the political left within the ideological spectrum in Uruguay. 1 The horizontal bars indicate 95 percent confidence intervals around these point estimates, if they do not cross the vertical line, the variables have a significant effect. Each dot in the figure represents the estimated standardized coefficient. If a dot falls to the right of the vertical line at 0, its estimated effect on attitudes is positive; if a dot falls to the left of the line, its estimated effect is negative. 3 60% 50% 40% 30% 51.5% 20% 34% Support for Marijuana Legalizaion/Regulation 10% 8.2% 0% El Salvador Uruguay United States Figure 1. Approval of marijuana regulation/legalization in three countries of the Americas, 2014 Source: AmericasBarometer by LAPOP. Figure 2. Variables associated with opinions toward marijuana regulation in Uruguay, 2014 4 However, as of 2014, most Uruguayans remained skeptical about the benefits the new regulation will bring. For instance, 42% of Uruguayans considered that the general situation of the country would worsen as a result of regulation, while only 19% believed that the situation would improve. Among the most negative opinions expressed, 70% of Uruguayans stated that public safety and public health conditions would either worsen or remain the same. Interestingly the issue that seemed to generate the most positive opinions was related to the fight against drug trafficking organizations. According to the survey, nearly 38% of respondents believed that the law would have a positive impact on the fight against criminal organizations. How to explain the apparent ease with which the regulation bill passed in Uruguay? Data point to two key factors among others. First, the President’s popularity seems to have played an important role in galvanizing support for marijuana regulation and neutralizing resistance from forces opposing the measure. Second, despite the debate generated by the initiative, marijuana regulation was not a salient issue for most Uruguayans and the government was successful in presenting the initiative as an alternative way to confront mounting problems posed by drug trafficking and criminal organizations. III. Who Consumes and Who Does Not Consume Marijuana in Uruguay? Evolution in Consumption. Marijuana consumption in Uruguay has been increasing since its prevalence has been measured. In 2001, 5.3% of the population admitted to having consumed marijuana. Life prevalence had quadrupled by 2014, with 22.1% of Uruguayans acknowledging some consumption.2 The starting age of consumption in 2011, which is the most recent data available, was 18.3. In 2011, 8.3% of Uruguayans admitted to having consumed marijuana during the previous year; among them: 8.7% only once, 29.9% sometimes, 25.2% several times per month, 21.1% several times per week, and 14.6% daily. If we project the data to the adult population, this 14.6% represents nearly 18,700 Uruguayans consuming marijuana daily.3 The 2014 AmericasBarometer survey in Uruguay includes several questions regarding the new marijuana regulation, and it also asks about consumption. Of the 22.1% that reported to have consumed marijuana, 45% tried it just once, 36% consumed it sometimes, and 19% indicated frequent consumption.4 Secondary school students’ prevalence increased yearly from 2003 to2014, but with lower intensity than in the general population.
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